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2009 Articles

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‘Tis the Season . . . to Review Your Estate Plan: A New Year’s Resolution That’s Easy to Keep

  • Gina M. Barry • 2009-12-22
  • It’s the time of year for New Year’s resolutions. Most resolutions are so cumbersome, the maker of the resolution is unable to keep the resolution, which is self-defeating. A simple …

Preparing for 2010 – Shaping Up Your Employment Policies

  • Kevin V. Maltby • 2009-12-21
  • The end of the calendar year marks the time for business owners to finalize financials and prepare for the upcoming year. In addition to corporate governance compliance, there are other …

Fraternization, Romance, and Liability – Reasons to Tighten Up Your Employee Handbook Right Now

  • Kevin V. Maltby • 2009-12-07
  • In the past few months, two high-profile celebrities have been in the news for having affairs with a co-workers and/or staff. David Letterman admitted on national television that he had …

Patients’ Rights – What You Can Expect from Your Doctor or Medical Facility

  • 2009-12-01
  • Every patient of a hospital or clinic and every resident of a convalescent or nursing home licensed by the Massachusetts Department of Public Health has rights, as stated in Chapter …

Uncle Sam is Coming to Dinner – Plan Ahead and Enjoy the Holidays

  • Gina M. Barry • 2009-12-01
  • Year end is soon approaching. As you sit down for your holiday dinner, remember that soon Uncle Sam will be visiting to enjoy his share of your bounty. Despite the …

Taxing Situation – The Rules Are Changing for Condominium Unit Owners’ Organizations

  • Mark J. Beglane • 2009-11-23
  • Condominium unit owners’ organizations should be aware that on July 3, 2008 the Governor signed into law “An Act Relative to Tax Fairness and Business Competitiveness.*” This act takes effect …

When Mom and Dad Won’t Move – Sweeping the Minefield of Long Distance Caregiving

  • Gina M. Barry • 2009-11-01
  • When the time comes for long-term care, most elders prefer to stay in their present location, even if staying there means being at a distance from their primary caregiver. Although …

Estate Planning for Women

  • Julie A. Dialessi-Lafley, Esq. • 2009-11-01
  • Fast Facts: Women generally have longer life expectancies than men, so they need to save more for retirement. Many women generally spend fewer years in the workforce and earn less …

Lien and Mean – Knowing the Rules Can Help Ensure That You Get Paid for Your Work

  • Adam J. Basch • 2009-10-26
  • While receiving payment for a project has always been a challenge, in today’s economic environment, it is getting even harder. In order for a contractor (whether a general contractor or …

Take Steps Now to Maintain Your Independence Later

  • Gina M. Barry • 2009-10-01
  • Most women can not bear to think of the day when their spouse passes away leaving them a widow, but statistically, a woman is most likely going to outlive her …

The Sandwich Generation – What to Do When You’re Caught in the Middle of Caring for Children and Parents

  • Julie A. Dialessi-Lafley • 2009-09-28
  • If you are one of the many millions of Americans who are responsible for your own personal financial needs, as well as supporting and caring for your own children, in …

Usernames, Passwords, and Logins, Oh My! – How to Prevent a Potential Disaster for Your Heirs

  • Hyman G. Darling • 2009-09-14
  • If you pay bills and bank online, and handle much of your financial activity there, your agents under your Durable Power of Attorney, or the Executor of your Will, or …

Cases in Point – Recent Discrimination Developments in Employment Law Provide Poignant Lessons

  • Kevin V. Maltby • 2009-09-14
  • Over the last year, there have been several recent decisions in Massachusetts employment law that may have an impact on how you hire, terminate, or address an accommodation. It is …

10 Perils of Joint Tenancy

  • Todd C. Ratner • 2009-09-14
  • Joint tenancy is a form of co-ownership. An advantage is that when one co-owners dies, the surviving co-owner instant has access to the jointly held property, eliminating the need for …

The Life Estate Deed – One Option for Protecting Your Home

  • Gina M. Barry • 2009-09-01
  • After spending many years raising a family in the family home, the home is commonly the family’s largest and most cherished asset. As such, protecting the home from nursing home …

Protecting Personal Information – New Law Affects Virtually Every Business in the Commonwealth

  • Jeffrey I. Fialky • 2009-08-17
  • The state of the security of personal information is changing drastically, and the law is evolving accordingly. In August of 2007, a new law was signed by Governor Patrick relative …

Moving Forward with a Reverse Mortgage

  • Gina M. Barry • 2009-08-01
  • A multitude of seniors, having paid off their mortgages many years ago, currently own their homes free and clear. Some are fortunate, and they have a nest egg that, along …

Is It Time to Update the Estate Plan? – Consider These Triggering Events to Avoid Potentially Disastrous Results

  • Todd C. Ratner • 2009-08-01
  • One of the most significant gifts that you can give your family is a well-planned estate that saves them money, time and taxes, and spares them from complexity in the …

Twenty Phrases that Can – and Will – Kill Ideas

  • Eugene B. Berman • 2009-07-20
  • “We tried that before.” “Don’t be ridiculous.” “It costs too much.” It can’t be done.” You can read more at the link below.

High-Tech Startup Businesses in a Recession – Why now is the right time for opportunistic entrepreneurs

  • Jeffrey I. Fialky • 2009-07-06
  • If you have been examining the idea of starting up a new business, or perhaps expanding into a new niche of your current business, would you consider now to be …

Security of Your Medical Records – From HIPAA to the Health Information Technology for Economic and Clinical Health Act

  • Richard T. O’Connor, Esq. • 2009-07-01
  • Your medical record is full of very personal information. It is not unusual that such a repository of confidential information may be of great interest to others – relatives, employers …

The Basic Estate Plan: Don’t Leave Home Without It

  • Gina M. Barry, Esq. • 2009-07-01
  • Summer is just around the corner, and many will be heading off for vacation. Some will visit far away places. Others will travel to see family or friends. When planning …

Ten Points About: Obtaining Business Credit

  • Gary G. Breton, Esq. • 2009-06-08
  • Create a “snapshot” of your company at a specific point in time. This is usually your company’s most recent financial statements, which provide a lender with a detailed and comprehensive …

What to Pay First – How to Prioritize Your Payments When Finances Are Tight

  • Greta LaMountain, Esq. • 2009-06-08
  • Consumer clients often come to bankruptcy lawyers when they have been battling for weeks or months, trying to determine which bills to pay and which can be delayed or avoided …

Keeping the Court Out of Your Personal Decisions

  • Gina M. Barry, Esq. • 2009-06-01
  • Every year, numerous petitions are filed with the court seeking the appointment of a guardian to make decisions for a person who has lost their ability to make their own …

Planning Ahead – How to Save Your Nest Egg From Nursing-home Costs

  • Gina M. Barry, Esq. • 2009-05-25
  • You have spent the majority of your life working and building your nest egg so that your retirement will be well funded. Unfortunately, retirement comes at a time when the …

Is an IDIOT Trust Ever a Smart Choice?

  • Gina M. Barry, Esq. • 2009-05-01
  • When it comes to protecting assets from nursing home costs, many believe that the solution is to place those assets in a trust. In some circumstances, establishing the type of …

Reverse Mortgage – It Could Be the Most Useful Tool in Your Financial Toolbox

  • Julie A. Dialessi-Lafley, Esq. • 2009-05-01
  • Many seniors are self sufficient and independent people with strong wills and character to match. However, it is not easy to maintain that feeling of independence when lying awake at …

The Battle over Social Media – Balancing Your Marketing Department’s Need with an Employer’s Desire to Block Access

  • Christine Pilch and Kevin V. Maltby, Esq. • 2009-04-27
  • Social media, i.e. Facebook, LinkedIn, Twitter, blogging, YouTube, etc, are essential elements to many contemporary marketing campaigns. Their application has contributed great strides in the battle to level the playing …

Ten reasons to hire a lawyer for domestic-relations proceedings

  • Melissa R. Gillis • 2009-04-27
  • You don’t know the law. Pro-se litigants frequently encounter road blocks that can cost not only time and money, but missed deadlines and case dismissals. Limited Assistance Representation. The Court …

Lien and Mean – How a Contractor’s Failure to Pay Bills Can Become Your Liability

  • Adam J. Basch, Esq. • 2009-04-13
  • It should come as no surprise that if you hire a contractor to make improvements to your property, and you fail to pay him or her, the contractor has a …

Where There’s a Will, There’s an Heir

  • Gina M. Barry • 2009-04-08
  • We’ve all heard the expression, “where there’s a will, there’s a way,” but among estate planning specialists, we have changed the old adage some, that is, to “where there’s a …

The Uniform Probate Code – Enhanced Protection Available for Those Needing Guardianship

  • Hyman G. Darling, Esq. • 2009-03-30
  • A new law will be effective in Massachusetts as of July 1, 2009 relative to guardianships. This issue has been debated and discussed for over twenty years, and this law …

Business and Residential Finance Issues – Making Lemonade out of an Economic Lemon

  • Francis R. Mirkin, Esq. • 2009-03-16
  • In Charles Dickens’ A Tale of Two Cities, Sidney Carton utters a famous line set in the time of the French Revolution, “It was the best of times; it was …

Ten Misconceptions about: Bankruptcy

  • Justin H. Dion, Esq. • 2009-03-16
  • Bankruptcy is a process mainly used by people who are reckless and overspend on luxury items. Reality: the majority of those who file are honest, hardworking people who have fallen …

“Means Test” or “Just a Mean Test”: An Examination of the Requirement That Converted Chapter 7 Bankruptcy Debtors Comply With Amended Section 707(B)

  • Justin H. Dion, Esq. • 2009-03-09
  • Introduction Congress’s motivation behind the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereinafter “BAPCPA”) was that “‘there is something inherently unfair about denying full restitution to creditors.”‘ [FN1] …

It’s a Sour Subject – Understanding the Bay State’s Various Lemon Laws

  • Kevin V. Maltby, Esq. • 2009-03-02
  • The current economy has impacted the automotive industry. It is clear from current car advertisements on the television and the newspaper that it is a buyer’s market. Some advertisements even …

Recognizing Elder Abuse – Grandma’s Broken Glasses, and Other Subtle Signs of Trouble

  • Gina M. Barry, Esq. • 2009-03-02
  • Regardless of age, all people deserve to be treated with dignity, respect, and in a fashion that keeps them safe from physical, emotional, and financial harm. This is particularly relevant …

Your Place or Mine? – Providing Care for Aging Parents

  • Gina M. Barry, Esq. • 2009-03-01
  • When an aging parent needs assistance to live at home, many children opt to provide the care. Often, the parent will not agree to hire professionals due to their inability …

Ten Questions Not to Ask During an Interview

  • Kevin V. Maltby, Esq. • 2009-02-16
  • When did you graduate high school? This question is impermissible when it is designed to determine the age of an employee. Employers should stick to the employee’s resume and any …

Age-old Question – When Should You Begin Receiving Social Security Benefits?

  • Todd C. Ratner, Esq. • 2009-02-02
  • More than 91% of current retirees receive monthly benefits from the government program referred to as Social Security. The program is very important to seniors, as nearly three out of …

The Pitfalls of Estate Planning – Sweeping the Minefield of Long-distance Caregiving

  • Gina M. Barry, Esq. • 2009-01-29
  • When the time comes for long-term care, most elders prefer to stay in their present location, even if staying there means being at a distance from their primary caregiver. Although …

Ten Points About : Hiring a Home Contractor

  • Adam J. Basch, Esq. • 2009-01-16
  • Just as an employer checks the references of someone seeking employment, a homeowner should check the references of a contractor. Ask to see some of the homes he has worked …